PAUL HENRY RILEY, JR. V. KENTUCKY BAR ASSOCIATION
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TO BE PUBLISHED
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2008-SC-000554-KB
IN SUPREME COURT
KENTUCKY BAR ASSOCIATION
RESPONDENT
OPINION AND ORDER
The Kentucky Bar Association (KBA} has moved this Court to enter an
order imposing a thirty (30) day suspension from the practice of law against
Movant, Paul Henry Riley, Jr., KBA member number 84816, for violating this
Court's order in Riley v . Kentucky Bar Assn, 262 S.W .3d 203 (Ky. 2008) . Due
to his failure to respond to the show cause order entered by this Court on
October 3, 2009, we agree with the KBA's recommendation and therefore order
Movant suspended from the practice of law in the Commonwealth of Kentucky
for period of thirty (30) days.
On September 18, 2008, this Court entered an order publicly
reprimanding Movant with the following conditions: (1) that he reimburse
Tammy Palte the sum of X250 .00 within thirty (30) days of entry of the order,
an amount representing unearned legal fees; (2) that, within one year of the
order of public reprimand, he attend the entire KBA Ethics and Professionalism
Enhancement Program for purposes of remedial education regarding Movant's
ethical obligations ; and (3) that, if he failed to comply with any of the terms of
the discipline set forth in the order, the public reprimand could become a
thirty-day suspension from the practice of law upon application of the Office of
Bar Counsel to this Court .
It remains undetermined whether Movant repaid the $250.00 amount to
Palte and it is Movant's obligation to verify to this Court whether such payment
was made . The Office of Bar Counsel sent letters to both Palte and Movant on
October 22, 2008 and February 9, 2009, respectively, asking for verification
that Movant had paid and Palte had received the $250 .00 amount. The Office
of Bar Counsel has received no response from either letter and has made phone
calls to both Palte and Movant without success .
In addition, Movant has failed to register for or attend the annual KBA
Ethics and Professionalism Enhancement Program, held on April 17, 2009 . On
February 2, 2009, Movant was mailed a letter informing him that forms and
fees for the program were due February 20, 2009 . On February 25, 2009, a
reminder letter was sent, extending the registration deadline to March 9, 2009 .
Due to Movant's failure to comply with this Court's original order, this
Court entered an order on October 1, 2009, requiring him to show cause on or
before October 21, 2009, as to why a thirty (30) day suspension should not be
imposed . To date, Movant has not responded to this Court's October 1 order.
Therefore, it is hereby ORDERED that Paul Henry Riley, Jr., KBA
Member No . 84816, be suspended from the practice of law in the
Commonwealth of Kentucky for a period of thirty (30) days, effective the date of
this order.
All sitting. All concur.
ENTERED : January 21, 2010.
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